Lectures Week of Sept 18
1. Bill of Rights and Early Civil Liberties
2. Evolution of Federalism”
2023-09-15
*Two day class only. One day class will still have the review slides available in Canvas.
Lowest Inquizitive grade will be dropped. This is in addition to the GOOJF Card
New Canvas Module: Space for Sharing notes, Study questions, and Answers from me.
Explanation of Inquizitive grading in the third discussion area above.
Basically, you can stop when you reach the required number of questions, but you get graded on percent correct at that point. You can keep going and eventually reach 100%. (The scoring has a mechanism to throw out wrong answers after you master the material you missed.) Bottom line: keep going until you are happy with your score.
Restraint on federal government
- the demand was for a restraint on the federal government
- Most state constitutions had a bill or declaration of rights
- Barron v. Baltimore (1833), Chief Justice John Marshall, United States Supreme CourtFirst 10 amendments to Constitution
Not an exclusive list of the rights of the people
10th Amendment - Powers of the states, rights of the people
Constitution of the United States: First Amendment
“no law respecting an establishment of religion”
No official national church
- No automatic church membership on birth
- No tax support for churches
- No government payment of preacher's salaries“no law respecting an establishment of religion”
No official national church
- No automatic church membership on birth
- No tax support for churches
- No government payment of preacher's salariesNo interference with the state established churches
- 1776 all 13 states had established churches
- 1786 Virginia disestablished Church of Englan
- New Hampshire 1817
- Massachusetts (Congregationalist) 1833Kidd, Colin. “Civil Theology and Church Establishments in Revolutionary America.” The Historical Journal. Vol. 42, No. 4 (Dec., 1999). pp. 1007-1022
“no law respecting an establishment of religion”
No official national church
- No automatic church membership on birth
- No tax support for churches
- No government payment of preacher's salariesNo interference with the state established churches
- 1776 all 13 states had established churches
- 1786 Virginia disestablished Church of Englan
- New Hampshire 1817
- Massachusetts (Congregationalist) 1833#2 will change in 1940
Kidd, Colin. “Civil Theology and Church Establishments in Revolutionary America.” The Historical Journal. Vol. 42, No. 4 (Dec., 1999). pp. 1007-1022
Constitution of the United States: Second Amendment
1 - Judges have argued about the last two since at least the 1920s: We can disagree
Constitution of the United States: Third Amendment
Constitution of the United States: Fourth Amendment
No unreasonable search and seizure
Right of the people
Establishes the sanctity of four things:
- The person or individual No unreasonable search and seizure
Right of the people
Establishes the sanctity of four things:
- The person or individual
- The home or dwelling place No unreasonable search and seizure
Right of the people
Establishes the sanctity of four things:
- The person or individual
- The home or dwelling place
- The papers regardless of locationNo unreasonable search and seizure
Right of the people
Establishes the sanctity of four things:
- The person or individual
- The home or dwelling place
- The papers regardless of location
- The personal possessions regardless of locationNo unreasonable search and seizure
Right of the people
Establishes the sanctity of four things:
- The person or individual
- The home or dwelling place
- The papers regardless of location
- The personal possessions regardless of locationNo unreasonable search and seizure
Right of the people
Establishes the sanctity of four things:
- The person or individual
- The home or dwelling place
- The papers regardless of location
- The personal possessions regardless of locationNo unreasonable search and seizure
Requirements for warrants
- probable cause
- Oath or affirmation
- description of place to be search
- description of person or things to be seizedNo unreasonable search and seizure
Requirements for warrants
Unreasonable is not defined
- Confusion because of 2nd part: Are warrants always required for a search to be reasonable?
- Are all searches with warrants reasonable?No unreasonable search and seizure
Requirements for warrants
Unreasonable is not defined
- Confusion because of 2nd part: Are warrants always required for a search to be reasonable? Not according to the courts
- Are all searches with warrants reasonable? Not necessarily<sup>1</>Constitution of the United States: Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Major civilian crimes require an indictment by a grand jury
- does not apply to minor crimes (initially)
- exception for active military - courts martial
- exception for militia when called into active service - courts martialDouble Jeopardy!
Major civilian crimes require an indictment by a grand jury
May not be tried again for the same crime after being acquitted
- Does not apply to second trial after appeal
- May apply if a trial reaches a certain point and ends in a mistrial
- Does not apply if the jury fails to reach a verdictMajor civilian crimes require an indictment by a grand jury
May not be tried again for the same crime after being acquitted
Protection against self-incrimination
- Defendant not required to testify against him or herself in a criminal trial
- Does not apply to civil trials
- Has been extended considerably to assure that involuntary statements are not used and that statements are not coercedMajor civilian crimes require an indictment by a grand jury
May not be tried again for the same crime after being acquitted
Protection against self-incrimination
Due Process of Law
- government must follow proper procedures
- protects life
- protects liberty
- protects propertyMajor civilian crimes require an indictment by a grand jury
May not be tried again for the same crime after being acquitted
Protection against self-incrimination
Due Process of Law
- government must follow Due Process = proper procedures
- protects life
- protects liberty
- protects propertyWhat if a new city dump causes the value of property next door to drop?
What if a new federal regulation causes the value of property to drop or causes someone to lose income?
Constitution of the United States: Sixth Amendment
Speedy trial
Public trial
Jury trial
- the State and district where the crime was committed
- District previously ascertained by law - who does this?Speedy trial
Public trial
Jury trial
- the State and district where the crime was committed
- District previously ascertained by a judge
- Does not specify jury requirementsConstitution of the United States: Seventh Amendment
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
Constitution of the United States: Eighth Amendment
None of these are defined. Do we follow the standard of 1791 or the standard of 2023?
Constitution of the United States: Ninth Amendment
Constitution of the United States: Amendment Ten
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Powers not expressly given to the federal government
- Article I Powers of Congress
- Article II Powers of President
- Article III Powers of the CourtsExamples:
- entering treaties
- coining money
- creating legal tender
- granting titles of nobility
- taxing imports or exports
- impairing the obligation of contract
- engage in War
The Constitution doesn’t specify which powers remain with the States and which with the people.
Examples:
- No direct taxes unless in proportion to the census
- No tax on exports
- No preference to any State's ports
- No titles of nobility
First Bank of the United States - 1791
- Opposed by Jefferson and Madison
- Claims it was unconstitutional
- Enriched merchants and bankers at the expense of the majority
- Expanded federal power
- 20 year charter, lapsed in 1811Second Bank of the United States - 1816
- Allowed to have branches in multiple states
- Similar arguments to first Bank
- Supported by Madison
- Lacked many modern central bank powers
- New charter vetoed by Andrew Jackson
- 20 year charter lapsed in 1836
- Became a Pennsylvania state bankGOVT2306, Fall 2023, Instructor: Tom Hanna